Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-25
PURYEAR MUST HANG
THE SUPREME COURT REFUSES TO
GRANT HIM A NEW TRIAL.
In an Elaborate Opinion, DELIVERED oy
Judge Lacy, the Lower Court Is
Affirmed on Every Point.

Virginia yesterday rendered Its decision
in the case of Holmes X. Puryear rs.
The Commonwealth The opinion was
delivered by Judge Lacy for the court,
and sffirms the ruling of Judge Han
cock. of the Circuit Court of Prince
George county, by whom the case was
tried, on every point. The paper Is
very elaborate one, and contains an ex-
baustiye review OF the case.
GROUNDS FOR NEW TRIAL.
Puryear was indicted for poisoning
his wife June 13, 1886, in the County
Court OF Dinwiddie county. Heelected
10 be tried in the Circuit Court of that
county, and upon the calling of the case
there he moved for a change of Uenue
TO Prince George county on account OF
prejudice against him in Dinwiddie.
This motion was granted, and the trial
occurred in Prince George. BE was ccu-
victed of murder in the first degree and
sentenced to be hanged. In the APP
plieation to the Court of Appeals for
writ Of error he assigned
seven grounds Of error upon excep-
tons taken in the Circuit Court. The
first was that the Court of Dinwiddie
did not order jury to be summoned
from another county to try him in that
county. But this was only overruled
by the Circuit Court upon the ground
that it was premature, and first exam
ined the venire already summoned
upon their U0irc dire. Failing to Ii I'd
a qualified jury in Dinwiddie, upon the
motion of the accused the venire WIS
changed and the case heard in Prince
George. When an empanelled JUICY
was obtained the court held that it was
not error to the prejudice Of the ac-
cused.
The second ground was th0t the
statements Of his dying wife were adj
mitted, they being made in his pres
ence end not denied by him. These
were held admissible by the Court of
Appeals on three grounds - first,
charges not denied !; second res gestle;;
and third, dying declarations.
The third bill claimed that the Court
did not allow the letter of the deceased
threatening TO kill herself to be read
during the rendition of the Common
wealth's testimony. 1t was all after
wards admitted.
The fourth bin alleged that the in
dictment was informal. This, upon a
motion after verdict for arrest of judg-
ment, was held sufficient, and that there
was no uncertainty in the Indictment
The fifth ground was that the ver-
dict was contrary to the law and the
evidence.
The Court reviewed the evidence and
held the verdict right.
The sixth bill is based upon the
ground that one of the jury had been
convicted of felony, but the juror bad
been pardoned in 1868, and the pardon
had restored his citizenship.
The seventha and last ground was that
the Commonwealth attorney referred
to the character of the accused in his
speech, but the Court stopped him be-
fore he had said what his character was.
HISTORY OF THE CASE.
The following is history OF the case,
as given by Mr.. II. II. Jones, the prose
cutting attorney, i'll bis brief to the
Supreme Court:
At tabOut o'clock en- tho morning Of June 70,
1885, Fannie Pritchett and Margaret Crawley
went 70 the store Of II. H. Puryear aud stopped
there for few minutes. When they got IN tho
store thoy found Puryear mixing two todiies.
One Of them asked him 10 give her a dram"
He replied that he was chen 1xiDg one for his
wife. one Of tho toddies was being mixed In
Tn ordinary table tumOler and the otuer in
small bar-room glass. In Que glass both wit
nesses testified that they saw about two spoon
fuls of sUgar-White suRar-and, in addition
thereto, something on the point OF the spoon
(Which was In tho glass that was whto, and
looked like coda. There was hack room 10
the store, whore Mrs. Puryear (the deceased)
then was. The Witnesses walked back into this
room 10 speak TO Mrs. Purycar. She was
living on the bed when they went In.
They spoke to her, and Fannie Prit:hett aised
her how she did "she said she was Just like
she was" Fannie Pritchett had been there the
dBy before, and Mrs. Puryear was then feeling
badly-sufiering with nausea. She said " she
vss In fsmilyway, and that made her throw
up.T This morning she appeared 70 be. a. she
said, about as well as the day before. The wit
nesses went back into the store, and Margaret
Crawley asked Purysar for q box Of matches.
lie started TO got them, and got nearly to where
the matches we're. Then he came back, TOOK
up the glass In which they saw the sugar end
the white substance, which looked like soda,
and put II under the counter where they could
not see what was In It, lie then got the matches,
and they left the store aud went a-nshing
POISON IL ToDDY.
Between and O'Clock on this morning
Saturday, June 13, 1850 Frank Pritchett
who lived about one hundred and fifty yards
from Puryearis store, heard Puryear calling
Lucy sturdivant. a cOlOred woman, who was
washing out In front Of Pritchetts house, and
told her 20 tell Uncle Frank PrttchetD to step
up there. When Pritchett got half way tO the
store he heard some one "hOllowing" He did
not know who or where IL was, hut IL sounded
like IL was In a close place. AS he approached
he discovered that the "hollowing was In inc
store. He saw Puryear walk 10 the well, draw
some water, and drink out Of the bucket. After
quietly wiping his mouth be spoke " Pritchen.
and said 10 him: Emma IL mighty bad on:
want you to go In and see II you can do any
thing for herr He then showed PIftcheIs into
Mrs Puryear's room, which was fastened up
closely. Mrs. Puryear was lying on the bed,
and when she saw Pritcbett she reached out
both hands. called him 20 her, and caught hold
Of his shirt-eleeyes.. just then the had
~. When she came TO she told him 70 rub
her with camphor. Puryear was In tue
room. There was no camphor there, so Pur-
year went 70 Priichets house aud got some.
Martha Priichett testified that she came back
from her fathers Prank PritchetD house with
Puryearl Pritchetts hands We're solled, 80
Puryesr rubbed his wife's face with the cam
phor. She said she was burning up. and told
them TO fan her. Puryear brought fan ana
began 10 fan her. She then turned her head
ON the pillow. looked up al him, and said
"Holmes, don't you fan me T; you've did enough
to me this morning." lie said, "Why, Emma,
do you think I've did anything 70 you the reason
you don't want me 70 fan you!" She said,
"Yes, Holmes, you knew you did you killed me
ia that toddy you gave me this morning" He put
his bands upon his head and walked out Into
the stsre-roOm, aud as no went out he says,
lord, Lord, Lord, Lord" just then she hsd
another TT Puryear came back In about a
minute. When she could speak she told him 70
go for doctor; that she was bound 10 die.
Pritchett offered 10 go, but she would not let
him leave her. Puryear then sent a note by
Martha Pritchett 70 Willie Nash, asking him 10
90 for q doctor. She continued 10 have 1ts at
intervals Of twoor three minutes until she died.
Frank Pritchett testihes that, In her lucid mo-
ments, she repeatedly made the charge In Pur-
years presence and hearing that he had
"killedh her In the toddy he had given
her that morning. Frank Prithett testified
that again, when Puryear asked him 70 go for
doctor (the deceased was begging for doctOrI,
she said, "Oh, Uncle Frank, Holmes killed me
in that toddy this morning. He came in with
toddy in two glssses; his was red and mine
Was white. He said, Emma, here's a little
toddy for yOu.' che said, Holmes, don't
want It. Puryesr: Yes, do, kmma, drink IL
for my sake." She said. - Ever since drank
il have been In this FIX" &c. Puryear did not
deny anything she said. Martha Pritchett tos-
tified 10 having heard her charge him, as 1rst
quoted above, with "killing' her. In substan-
tally the same words, and that his only reply
was 10 put his hands 70 his head and walk out
Of the room, saying Lord, Lord,n &c.
LOOKED LIKE SODA.
Rosina Robertson testified that as she got there
she met Puryear coming out Of Mrs Puryears
room into tho s;ore-room. He remained In the
fifteen or twenty feet from
where his wife was lying When Roslna came ia
Mra pn IA N har In .f a.